34 Iowa 467 | Iowa | 1872
The plat recorded by Brooks operated to vest in the public an interest in the land set apart as streets, and to divest him of the title thereto. Rev., § 1021. (There is no objections made to the sufficiency of the plat, or the regularity of the proceedings admitting it to record). There can be no doubt of the correctness of this conclusion. Brooks owned the land on which “Brooks street” was located; this is so of that on the north side" of the half-section line; he caused the street to be laid off thereon, the plat indicating that forty feet thereof is upon the north side (of the half-section line. It is just as completely dedicated to the public, as indicated by the map, as any other street in the addition. The fact that no blocks were laid off on the north of the street is no reason for holding that the street is less than eighty feet in width. It was certainly within Brooks’ power to make the street, bounding the addition, eighty feet wide, if he owned the land it covered, even though he laid off no lots on one side of it. This he did, and these are the real facts of the case.
In our opinion, the evidence fails to establish fraud upon the part of Brazee, or that any undue advantage was taken of plaintiff in the -transaction. The probability of the street being declared legal and opened through the lot was spoken of by Brazee or her agents, during the negotiations for the sale to plaintiff. Whatever was said upon the subject, and as to the rights and remedies of the owner of the property, in ease the street should be finally opened, did not serve to deceive or mislead plaintiff. Neither can it be claimed that the deed was executed through accident or mistake. It is simply a case where the grantor conveyed lands in good faith, warranting the title, which, it has since been -discovered, has failed as to a part of the property. To authorize the relief claimed, it should be shown that there are elements of fraud, accident or mistake in the transaction. 2 Story’s Eq.,' § 694, eb seq.;, 1 id., §§ 161, 439. The case is not of the character to demand that the